Domestic Worker Rights

Domestic workers are guaranteed at least minimum wage for all working time. [M.G.L. c. 149, § 190; M.G.L. c. 151, § 1; M.G.L. c. 151, §1A]

Compensated 'working time' includes all time during which a worker is required to be on duty, or to be at the employer’s home or another location specified by the employer. It also includes any time worked before or after the end of the normal shift to complete the work. [Regulation 454 CMR 27.00: Minimum Wage]

If domestic workers are scheduled to work for 3 hours or more and get sent home, their employer must pay them for at least 3 hours at least minimum wage. [Regulation 454 CMR 27.00: Minimum Wage]

If a worker is required or directed to travel from one place to another after the beginning of or before the close of the work day, the worker must be compensated for all travel time and shall be reimbursed for all transportation expenses. [Regulation 454 CMR 27.00: Minimum Wage]

Domestic workers are entitled to overtime pay, at one and one half times (1.5x) an employee's regular hourly rate, for work in excess of 40 hours in a work week with the same employer [Regulation 454 CMR 27.00: Minimum Wage]

It is illegal for employers to retaliate against workers for making wage complaints. [M.G.L. c. 151, § 19]

When employment is ended, no matter what the reason for ending the employment, the employer must pay the worker all wages owed, including all earned, unused paid vacation time, on the last day of work. [Regulation 454 CMR 27.00: Minimum Wage]

Where deductions are made from an employee's wages for meals or lodging, the employee's regular hourly rate used to calculate overtime compensation shall be the employee's hourly rate before any deductions are made. [Regulation 454 CMR 27.00: Minimum Wage]

An employer may not separately charge or bill an employee for fees or amounts not allowed as deductions. [Regulation 454 CMR 27.00: Minimum Wage]

Food & Drink

Wage deductions for food, drink, or lodging only apply when food and lodging is freely chosen and desired by the domestic worker, and consented to in writing. The employer may not make pay deductions unless the worker agrees voluntarily to these deductions in writing in a language the worker easily understands. The agreement must be made before any deductions are made. [M.G.L. c. 149, § 190; Regulation 454 CMR 27.00: Minimum Wage]

Pay deductions for food and drink are allowed only if the worker can bring, prepare, store, and eat and drink the foods she prefers. If the worker cannot do so because of household dietary restrictions, then the employer may not charge for the food or drink provided to the worker. [Regulation 454 CMR 27.00: Minimum Wage]

A deduction for 1 meal may be made from the wages of an employee working 3+ hours. A deduction for 2 meals may be made from the wages of an employee whose work entirely covers 2 meal periods, or 8 hours of work. A deduction for 3 meals may be made from the wages of an employee if lodging is provided [Regulation 454 CMR 27.00: Minimum Wage]

The employer may charge for the actual cost of the food and drink, up to $1.50 for breakfast and $2.25 for lunch or dinner. [Regulation 454 CMR 27.00: Minimum Wage]

Rest

No wage deductions for rest periods or sleeping periods are legal without written consent by the domestic worker. [M.G.L. c. 149, § 190]

Housing

For live-in domestic workers, an employer must not deduct the cost of a room or other housing if the employer requires the worker to live in that place.

An employer may deduct the cost of housing only if the employer has given the employee prior written notice describing the lodging, setting forth the amount to be charged to the employee for the lodging, and providing notice that the employee’s acceptance of the lodging is voluntary, and the employee has provided voluntary written acceptance of the lodging and deductions. [Regulation 454 CMR 27.00: Minimum Wage]

Deductions for lodging can only be made if that lodging is safe and sanitary, and meets the standards for housing established by 105 CMR 410.000: Minimum Standards of Fitness for Human Habitation (State Sanitary Code, Chapter II), including heat, potable water, and light. [Regulation 454 CMR 27.00: Minimum Wage; 105 CMR 410.000: Minimum Standards of Fitness for Human Habitation (State Sanitary Code, Chapter II)]

The employer must not charge more than: $35 a week for a room with 1 person; $30 a week for a room with 2 people; or $25 a week for a room with 3 or more people. [Regulation 454 CMR 27.00: Minimum Wage]

Domestic workers are entitled to a 30 minute lunch period during shifts longer than six hours [Regulation 454 CMR 27.00: Minimum Wage]

If the worker is on duty for less than 24 hours, the employer must pay for all meal, rest, and sleeping periods, unless the worker has no work duties and is allowed to leave during those times. [Regulation 454 CMR 27.00: Minimum Wage]

When a domestic worker is required to be on duty for 24 hours or more, all meal periods, rest periods and sleeping periods shall constitute compensated working time, unless a prior written agreement is made. If the worker is required to be on duty for 24 hours or more, the worker and employer may agree that some meal periods, rest periods, or sleep periods up to 8 hours will not be counted as paid working time. [Regulation 454 CMR 27.00: Minimum Wage]

No wage deductions for rest periods or sleeping periods are legal without written consent by the worker. [M.G.L. c. 149, § 190]

The domestic worker may voluntarily agree to work on a day of rest; provided, however, that the agreement is in writing and the domestic worker is compensated at the overtime rate (1.5x regular wages) for all hours worked on that day [Regulation 454 CMR 27.00: Minimum Wage]

Employers of full time domestic workers who work over 40 hours per week for a single employer must provide at least 24 consecutive hours (one full day) off every calendar week and at least 48 consecutive hours (two full days) off every calendar month. Whenever possible, time off should accommodate a worker’s religious worship or spiritual practice. [M.G.L. c. 149, § 190]

Full time domestic workers who have been working for the employer for at least three months are guaranteed 8 weeks of job-protected leave for the birth or adoption of a child. [M.G.L. c. 149, § 105D]

Domestic workers are entitled to earn at least 1 hour of sick leave for every 30 hours you work, and take up to 40 hours of earned sick leave a year [M.G.L. c. 149 § 148C]

Domestic workers are entitled to use earned sick time beginning 90 calendar days after hire (or sooner) [M.G.L. c. 149 § 148C]

The employer’s instructions for providing notice to use earned sick time should be clear. An employer cannot require advance notice for emergencies or unexpected reasons and cannot require more than 7 days’ notice for scheduled appointments.

An employer’s Earned Sick Time Policy or other Leave Policy [M.G.L. c. 149 § 148C] must let you take time off to:
- Care for yourself, your child, your spouse, your parent, or your spouse’s parent because of a physical or mental illness, injury, or condition that requires home care, professional medical diagnosis or care, or preventive medical care
- Go to a routine medical appointment for yourself, your child, your spouse, your parent, or your spouse’s parent
- Deal with the mental, physical or legal effects of domestic violence
- Travel to and from your appointment, pharmacy, or other related location

Employers can ask for a doctor's note or other documentation only in limited circumstances. (For example, they can ask for a doctor's note when an employee misses more than 3 consecutive workdays.) [M.G.L. c. 149 § 148C]

Domestic workers who get hurt while on the job may be eligible for workers’ compensation benefits.

Even if the employer does not have worker’s compensation insurance, workers who miss more than 5 days of work because of work-related injury or illness may be able to get compensated for medical care and lost wages. [M.G.L. c.152 § 1]

Employees injured while at work have rights to compensation and action against the employer. [M.G.L. c. 153, § 1]

For full time domestic workers, an employer is liable for paying Unemployment Insurance once $1,000 or more has been paid to the worker in any calendar quarter. [The Employer’s Guide to Unemployment Insurance, pg. 7]

Employers of domestic workers must provide a notice that contains all applicable state and federal laws that apply to the employment of domestic workers. [M.G.L. c. 149, § 190]

The employer must provide written pay records. [M.G.L. c. 149, § 190]

Domestic workers may request a written evaluation of work performance after 3 months of employment, and every year after. Domestic workers may inspect and dispute the written evaluation. [M.G.L. c. 149, § 190]

Full time domestic workers must receive from their employer an employment agreement or contract in a language they understand. [M.G.L. c. 149, § 190]

Employment agreements must include:
- Rate of pay, including overtime and additional compensation for added duties or multilingual skills
- Working hours, including meal breaks and other time off
- If applicable, the provisions for days of rest, sick days, vacation days, personal days, holidays, transportation, health insurance, severance, yearly raises, AND, whether or not one's earned, vacation days, personal days, holidays, severance, transportation costs and health insurance costs are paid or reimbursed
- Any deductions, fees or other costs, including costs for meals and lodging
- All responsibilities associated with the job
- The process for raising and addressing grievances and additional compensation if new duties are added
- The right to collect workers’ compensation if injured
- If applicable, the circumstances under which the employer will enter the domestic worker’s designated living space on the employer’s premises
- The required notice of employment termination by either party
- Any other rights or benefits afforded to the domestic worker.

Domestic workers who live in their employer’s home or in other lodging owned or required by their employer have specific protections.

It is illegal for an employer to engage in trafficking of domestic workers for forced service or sexual servitude. [M.G.L. c. 149, § 190; M.G.L. c. 265, § 50; M.G.L. c. 265, § 51]

Protections against common forms of trafficking are further elaborated in rights relating to the following rights.

All full time domestic workers must be given an employment agreement or contract (see rights listed under “Record Keeping” for more information) but for live-in domestic workers, this contract must also include the specific circumstances under which the employer will enter the domestic worker’s designated living space on the employer’s premises. [M.G.L. c. 149, § 190]

An employer must not deduct the cost of a room or other housing if the employer requires the worker to live in that place. An employer may deduct the cost of housing only if:
the employer has given the employee prior written notice describing the lodging, setting forth the amount to be charged to the employee for the lodging, and providing notice that the employee’s acceptance of the lodging is voluntary, and the employee has provided voluntary written acceptance of the lodging and deductions. [Regulation 454 CMR 27.00: Minimum Wage]

Deductions for lodging can only be made if that lodging is safe and sanitary, and meets the standards for housing established by 105 CMR 410.000: Minimum Standards of Fitness for Human Habitation (State Sanitary Code, Chapter II), including heat, potable water, and light. [Regulation 454 CMR 27.00: Minimum Wage; 105 CMR 410.000: Minimum Standards of Fitness for Human Habitation (State Sanitary Code, Chapter II)]

The employer must not charge more than: $35 a week for a room with 1 person; $30 a week for a room with 2 people; or $25 a week for a room with 3 or more people.

Employers who have phone or Internet service must give live-in workers free and reasonable access to those services. If they do not have phone or Internet service, they must allow reasonable opportunities to access those services elsewhere at the workers' own expense. [Mass.gov Phone and Internet Access]

Domestic workers have the right against unreasonable, substantial, or serious interference with privacy. [M.G.L. c. 149, § 190; M.G.L. c. 214, §1B]

It is illegal for an employer to restrict or interfere with a domestic worker's means of private communication. [M.G.L. c. 149, § 190]

It is illegal for an employer to monitor a domestic worker's private communications. [M.G.L. c. 149, § 190]

It is illegal for an employer to take any of the domestic worker's documents or other personal effects. [M.G.L. c. 149, § 190]

It is illegal for an employer to engage in unwelcome sexual advances, coerced requests for sexual favors, or other verbal or physical conduct of a sexual nature. [M.G.L. c. 149, § 191]

It is illegal for an employer to subject a domestic worker to unwelcome harassment based on sex, sexual orientation, gender identity, race, color, age, religion, national origin or disability. [M.G.L. c. 149, § 191]

Workers who live in their employer's home or in another place required by their employer have certain additional rights if the employer fires them or lays them off.

If the domestic worker is fired without cause, the employer must give the worker: Written notice; AND at least 30 days of housing where the worker is now or in similar housing, OR severance pay equal to average pay for 2 weeks. If the employer chooses to provide housing at another location or severance pay, the worker must have at least 24 hours to move out. [M.G.L. c. 149, § 190]

If the employer fires a domestic worker for cause (other than a written statement in good faith saying that the worker did something that harmed the employer, their family, or household), the employer must provide advance written notice and reasonable opportunity of at least 48 hours to move out. [M.G.L. c. 149, § 190]

Brazilian Immigrant Center (Portuguese, English) https://www.braziliancenter.org
14 Harvard Avenue, 2nd Floor, Allston, MA 02134
617-783-8001 ext 101

Brazilian Women’s Group
(Portuguese, English) https://www.facebook.com/BrazilianWomensGroup/697 Cambridge St. Boston, MA
617-202-5775

Chinese Progressive Association (Chinese, English) https://cpaboston.org28 Ash St, Boston, MA 02111

MassCOSH
(Spanish, English)
http://www.masscosh.org
42 Charles St. Dorchester, MA
617-825-SAFE (7233)

Matahari Women’s Worker Center
(Spanish, Portuguese, English)
http://www.mataharijustice.org996
Tremont Street, Boston, MA 02120
617-785-8597

Brockton Workers Alliance
(Spanish, Portuguese, English)
https://www.facebook.com/pages/category/Nonprofit-organization/Brockton-Workers-Alliance-358983187841888/
721 Belmont St. Brockton, MA 02301
508-484-8358

General Court of Massachusetts: Session Laws

Acts (2014); Chapter 148

An Act Establishing the Domestic Workers Bill of Rights

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows:

SECTION 1. Section 105D of chapter 149 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in line 39, the words “one of chapter one hundred and fifty-one B” and inserting in place thereof the following words:- 1 of chapter 151B and section 190.

SECTION 2. Section 150 of said chapter 149, as so appearing, is hereby amended by striking out, in line 21, the words “or 159C”, and inserting in place thereof the following words:- , 159C or 190.

SECTION 3. Said chapter 149 is hereby further amended by adding the following 2 sections:-

• Section 190

  • (a) As used in this section and in section 191, the following words shall have the following meanings unless the context clearly requires otherwise:
    
    “Domestic worker”, an individual or employee who is paid by an employer to perform work of a domestic nature within a household including, but not limited to: (i) housekeeping; (ii) house cleaning; (iii) home management; (iv) nanny services; (v) caretaking of individuals in the home, including sick, convalescing and elderly individuals; (vi) laundering; (vii) cooking; (viii) home companion services; and (ix) other household services for members of households or their guests in private homes; provided, however, that “domestic worker” shall not include a personal care attendant or an individual whose vocation is not childcare or an individual whose services for the employer primarily consist of childcare on a casual, intermittent and irregular basis for 1 or more family or household members.
    
    “Employer”, a person who employs a domestic worker to work within a household whether or not the person has an ownership interest in the household; provided, however, that an “employer” shall not include a staffing agency, employment agency or placement agency licensed or registered pursuant to chapter 140 or an individual to whom a personal care attendant provides services.
    
    “Employ”, to suffer or permit to work.
    
    “Forced services”, services performed or provided by a domestic worker as defined in section 49 of chapter 265.
    
    “Person”, 1 or more individuals, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy or receivers.
    
    “Personal care attendant”, an individual who provides personal care attendant services to persons with disabilities or seniors under the MassHealth personal care attendant program or any successor program under sections 70 to 75, inclusive, of chapter 118E.
    
    “Rest” or “period of rest”, a period of time with complete freedom from all duties and during which a domestic worker may either leave the employer’s premises or stay on the employer’s premises for purely personal pursuits; provided, however, that paid days of rest shall be considered vacation time and pay under chapter 149.
    
    “Working time”, compensable time that includes all time during which a domestic worker is required to be on the employer’s premises or to be on duty and any time worked before or beyond the end of the normal scheduled shift to complete work; provided, however, that “working time” shall include meal periods, rest periods and sleeping periods unless a domestic worker is free to leave the employer’s premises and use the time for the domestic worker’s sole use and benefit and is completely relieved of all work-related duties.
    

  • (b) An employer who employs a domestic worker for 40 hours a week or more shall provide a period of rest of at least 24 consecutive hours in each calendar week and at least 48 consecutive hours during each calendar month and, where possible, this time shall allow time for religious worship. The domestic worker may voluntarily agree to work on a day of rest; provided, however, that the agreement is in writing and the domestic worker is compensated at the overtime rate for all hours worked on that day pursuant to section 1A of chapter 151. Days or periods of rest, whether paid or unpaid, shall be job-protected leave from employment.

  • (c) When a domestic worker who does not reside on the employer’s premises is on duty for less than 24 consecutive hours, the employer shall pay the domestic worker for all hours as working time under chapter 151 and regulations promulgated under said chapter 151.

  • (d) When a domestic worker is required to be on duty for a period of 24 consecutive hours or more, the employer and the domestic worker may agree, under terms that comply with chapter 151 and regulations promulgated under said chapter 151, to exclude a regularly scheduled sleeping period of not more than 8 hours from working time for each 24-hour period.

  • (e) When a domestic worker is required to be on duty for a period of 24 consecutive hours or more and unless a prior written agreement is made, all meal periods, rest periods and sleeping periods shall constitute working time.

  • (f) An employer may deduct from the wages of a domestic worker an amount for food and beverages if the food and beverages are voluntarily and freely chosen by the domestic worker. If a domestic worker cannot easily bring or prepare meals on premises, the employer shall not deduct an amount from the wages of a domestic worker for food or beverages. An employer shall not deduct from the wages of a domestic worker an amount for food and beverages that exceeds the amounts permitted pursuant to chapter 151 and regulations promulgated under said chapter 151.

  • (g) An employer may deduct from the wages of a domestic worker an amount for lodging if the domestic worker voluntarily and freely accepts, desires and actually uses the lodging and the lodging meets the standards for adequate, decent and sanitary lodging pursuant to chapters 111 and 151 and the regulations promulgated under said chapters 111 and 151. An employer shall not deduct an amount from the wages of a domestic worker for lodging that exceeds the amounts permitted pursuant to chapter 151 and the regulations promulgated under said chapter 151. An employer shall not deduct from the wages of a domestic worker an amount for lodging if the employer requires that a domestic worker reside on the employer’s premises or in a particular location.

  • (h) No deductions for meals or lodging shall be made from a domestic worker’s wages without the domestic worker’s prior written consent. No other deductions shall be made from a domestic worker’s wages other than for specifically named and identified purposes, goods or services required or expressly allowed by law.

  • (i) A domestic worker shall have a right to privacy under section 1B of chapter 214. An employer shall not restrict or interfere with a domestic worker’s means of private communication, monitor a domestic worker’s private communications, take any of the domestic worker’s documents or other personal effects or engage in any conduct which constitutes forced services or trafficking of a person in violation of sections 50 and 51 of chapter 265.

  • (j) A domestic worker may request a written evaluation of work performance from an employer after 3 months of employment and annually thereafter. A domestic worker may inspect and dispute the written evaluation under section 52C.

  • (k) If a domestic worker resides in the employer’s household and the employer terminates employment without cause, the employer shall provide written notice and at least 30 days of lodging, either on-site or in comparable off-site conditions, or severance pay in an amount equivalent to the domestic worker’s average earnings during 2 weeks of employment. Neither notice nor a severance payment shall be required in cases involving good faith allegations that are made in writing with reasonable basis and belief and without reckless disregard or willful ignorance of the truth that the domestic worker has abused, neglected or caused any other harmful conduct against the employer, members of the employer’s family or individuals residing in the employer’s home.

  • (l) An employer who employs a domestic worker shall keep a record of wages and hours pursuant to section 15 of chapter 151. In addition to the information required pursuant to said section 15 of said chapter 151, an employer who employs a domestic worker for 16 hours or more a week shall provide the following information:
    
    (i) the rate of pay, including overtime and additional compensation for added duties or multilingual skills;
    (ii) working hours, including meal breaks and other time off;
    (iii) if applicable, the provisions for days of rest, sick days, vacation days, personal days, holidays, transportation, health insurance, severance, yearly raises and, whether or not earned, vacation days, personal days, holidays, severance, transportation costs and if health insurance costs are paid or reimbursed;
    (iv) any fees or other costs, including costs for meals and lodging;
    (v) the responsibilities associated with the job;
    (vi) the process for raising and addressing grievances and additional compensation if new duties are added;
    (vii) the right to collect workers’ compensation if injured;
    (viii) the circumstances under which the employer will enter the domestic worker’s designated living space on the employer’s premises;
    (ix) the required notice of employment termination by either party; and
    (x) any other rights or benefits afforded to the domestic worker. Failure to comply with this paragraph shall constitute a violation of paragraph (3) of section 19 of chapter 151.
    
    

  • (m) An employer shall provide a domestic worker with a notice that contains all applicable state and federal laws that apply to the employment of domestic workers. This requirement shall be satisfied if the employer provides a notice as described in paragraph (o).

  • (n) Nothing in this section shall affect any policies or practices of an employer which provides for greater, additional or more generous wages, benefits or working conditions to a domestic worker than those required under this section.

  • (o) The attorney general shall enforce this section and shall promulgate rules and regulations necessary for enforcement. The attorney general may obtain injunctive or declaratory relief for this purpose. The attorney general shall post on its website a sample written record of information required under paragraph (l), a multilingual notice of employment rights under this section and state and federal employment laws that apply to the employment of domestic workers required under paragraph (m). A violation of this section shall be subject to paragraphs (1) and (2) of subsection (b) and subsection (c) of section 27C and section 150.

• Section 191

  • (a) It shall be an unlawful discriminatory practice for an employer to:
    (i) engage in unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature to a domestic worker if submission to the conduct is made either explicitly or implicitly a term or condition of the domestic worker’s employment, if submission to or rejection of the conduct by a domestic worker is used as the basis for employment decisions affecting the domestic worker or if the conduct has the purpose or effect of unreasonably interfering with a domestic worker’s work performance by creating an intimidating, hostile or offensive working environment;
    (ii) subject a domestic worker to unwelcome harassment based on sex, sexual orientation, gender identity, race, color, age, religion, national origin or disability if the harassment has the purpose or effect of unreasonably interfering with a domestic worker’s work performance by creating an intimidating, hostile or offensive working environment; or
    (iii) refuse job-protected leave for the birth or adoption of a child by the domestic worker or a spouse under section 105D.

  • (b) For the purposes of clause (i) of subsection (a), “domestic worker” shall include personal care attendants as defined in section 190.

  • (c) This section shall be enforced by the Massachusetts Commission Against Discrimination pursuant to chapter 151B.

SECTION 4. Section 19 of chapter 151 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in lines 4 and 5, the words “for not less than sixteen hours per week”.

SECTION 5. Section 4A of chapter 151A of the General Laws, as so appearing, is hereby amended by inserting after the word “unit”, in line 23, the words:- or domestic service performed by 1 or more individuals.

SECTION 6. Section 6 of said chapter 151A, as so appearing, is hereby amended by striking out subsection (b).

SECTION 7. Section 1 of chapter 151B of the General Laws, as so appearing, is hereby amended by striking out, in line 18, the word “the” and inserting in place thereof the following words:- an employer of domestic workers including those covered under section 190 of chapter 149, the.

SECTION 8. Said section 1 of said chapter 151B, as so appearing, is hereby further amended by striking out, in line 32, the words “, or in the domestic service of any person”.

SECTION 9. Section 1 of chapter 153 of the General Laws, as so appearing, is hereby amended by striking out, in line 33, the words “domestic servants or”.

SECTION 10. Not later than April 1, 2015 the executive office of labor and workforce development in consultation with the attorney general shall develop and implement a multilingual outreach program to inform domestic workers and employers about their rights and responsibilities. This program shall include the distribution of know your rights information, model employment agreements, educational materials for employers on their human resources duties in employing domestic workers, including information on benefits, tax and insurance laws and a model written work evaluation form.

SECTION 11. The attorney general shall promulgate regulations under subsection (o) of section 190 of chapter 149 of the General Laws on or before April 1, 2015.

SECTION 12. Sections 1 to 4, inclusive, shall take effect on April 1, 2015.

Session Laws, Chapter 148 of the acts of 2014, summarized:

Domestic Workers Bill of Rights

SECTION 1: Amended the MA Maternity Leave Act (now called “Parental leave; rights and benefits”) to cover Domestic Workers, guaranteeing 8 weeks of unpaid maternity leave for the birth or adoption of a child for employees working for the same employer for 3 months.

SECTION 2: Expands the MA Wage & Hour law protections so that Domestic Workers have enforcement for the rights laid out in this bill by either making claims to the Attorney General’s office or through a private right of action in Court.

SECTION 3: Creates two new sections (in Chapter 149 of the General Laws of Massachusetts): §190 and §191.

§190 has the following 15 subsections:

• a) Definitions for the following terms: Domestic Worker, Employer, Employ, Forced Services, Rest, Person, Personal Care Attendant (PCA), and Working Time. Of specific note is the definition for employers, which excludes staffing, employment or placement agencies already licensed or registered under the Employment Agency Law and employers of PCAs and casual babysitters. Employ is defined “to suffer or permit to work.” The definitions for Rest and Working Time are drafted to clarify that a Domestic Worker’s hourly wages are to be calculated and paid in the same manner as other employees in the Commonwealth.

• b) Guarantees a job-protected weekly 24 hour rest period and a monthly 48 hour rest period for Domestic Workers who work 40 hours per week; if the Domestic Worker voluntarily agrees to work during this time, it must be compensated as overtime (i.e., time and a half).

• Subsections (c) – (h) clarifies “working time” and wage and hour calculations. Minimum wage law and regulations govern wage deductions are cross-referenced and incorporated to clarify limits on deductions from Domestic Workers’ wages for food and lodging, only apply where food or lodging is freely chosen and desired, and requires that housing for live-in Domestic Workers must meet the state’s sanitary code. No deductions for meals, rest periods, lodging, sleeping periods may be made without written consent and no deductions not allowed by law.

• i) Clarifies that Domestic Workers have a right to privacy under the state privacy law and includes protections against trafficking as defined under the MA Anti-Trafficking Law, prohibiting through civil enforcement monitoring private communications, taking Domestic Workers’ documents, and “forced services.”

• j) Provides that Domestic Workers may request a written work evaluation after the first 3 months and annually thereafter under the Personnel Records Law.

• k) Guarantees live-in Domestic Workers termination rights if terminated without cause, which include written notice and 30 days lodging either on site or in a comparable off-site location or severance pay representing 2 weeks average earnings, unless the employer has made a good faith allegation in writing of abuse, neglect, or harmful conduct on the part of the Domestic Worker.

• l) Requires employers to keep written pay records required under existing minimum wage law. Also requires a written employment agreement, if a Domestic Worker works more than 16 hours a week that sets out employment rights and the benefits provided by the employer. Failure to comply with these requirements is a violation of the record-keeping law.
  Specifically, the written agreement must include the following:

  • (i) rate of pay, including overtime and additional compensation for added duties or multilingual skills;

  • (ii) working hours, including meal breaks and other time off;

  • (iii) if applicable, the provisions for days of rest, sick days, vacation days, personal days, holidays, transportation, health insurance, severance, yearly raises and, whether or not earned, vacation days, personal days, holidays, severance, transportation costs and health insurance costs are paid or reimbursed;

  • (iv) any fees or other costs, including costs for meals and lodging;

  • (v) responsibilities associated with the job;

  • (vi) process for raising and addressing grievances and additional compensation if new duties are added;

  • (vii) right to collect workers’ compensation if injured;

  • (viii) circumstances under which the employer will enter the domestic worker’s designated living space on the employer’s premises;

  • (ix) required notice of employment termination by either party; and

  • (x) any other rights or benefits afforded to the domestic worker.

• m) Requires employers to provide notice of all applicable state and federal laws that apply to the employment of Domestic Workers.

• n) Clarifies that the Bill of Rights does not affect the practices of an employer with greater or more generous wages and benefits.

• o) Requires that the Attorney General enforce §190, and post on its website all materials required under subsection (l) and (m).

§191 brings Domestic Workers’ employers under the jurisdiction of the Massachusetts Commission Against Discrimination (MCAD) for claims of sexual or other harassment including rights under the Massachusetts Maternity Leave Act. It also specifies that PCAs may file sexual harassment claims at the MCAD.

SECTION 4: Amends the Minimum Wage Act, which currently expressly exempts Domestic Workers who work less than 16 hours a week for an employer from retaliation protection for making a wage complaint. SECTION 4 removes that exemption.

SECTION 5 and SECTION 6: Clarifies that Domestic Workers are covered under the MA Unemployment Insurance Law under §4a and §6. (This right already existed but was drafted in a confusing manner).

SECTION 7 and SECTION 8: Amends the Massachusetts Commission Against Discrimination statute to take out the exclusion that applies to domestic workers (effective as of July 26, 2014) and covers all domestic workers, even where there is only one employee (as of April 1, 2015).

SECTION 9: Amends the Wrongful Death in Employment Law, removing the exemption domestic employers have for liability for deaths caused by other Domestic Workers (effective September 24, 2014).

SECTION 10: Requires the Executive Office for Labor and Workforce Development and the Attorney General to develop a multilingual outreach program to inform Domestic Workers and their employers about their rights and responsibilities, and to distribute model materials to employers not later than April 1, 2015.

SECTION 11: Requires the Attorney General to promulgate regulations under §190(o) by April 1, 2015.

SECTION 12: Provides that sections 1, 2, 3 and 4 take effect by April 1, 2015.